While some workers’ compensation claims are cut and dry, others require much more attention and often end up being ruled on by the court.
Our Maryland readers, as well as those in other parts of the country, will find this story out of Pennsylvania interesting. The Commonwealth Court ruled that a woman who was repeatedly stabbed by her son is entitled to receive workers’ compensation, despite the fact that she was not hurt on the job in a traditional manner.
This brings an end to an unusual case that dates back to April 2009 when the woman’s son attempted to kill her with a kitchen knife while she was sleeping. Fortunately, the woman’s husband was able to step in and stop the attack.
Since the woman was working as a caregiver for her son, deemed a business relationship, she was in position to seek workers’ compensation for the injuries that were sustained.
A workers’ compensation judge initially awarded the woman $460 week in aid, noting that her injuries were linked to employment as a caregiver. After her son challenged her award for compensation, she was forced to appeal to Commonwealth Court. Despite the fact that the Workers’ Compensation Appeal Board sided in her son’s favor, a later appeal worked out when it was found she was required to live with the man related to her duties as a state-paid caregiver.
This type of workers’ compensation is more complex than most, but anybody who is in a similar position can benefit from consulting with an experienced, local attorney.
Source: The Patriot-News, “Woman stabbed by own son must get workers comp, Pa. court says” Matt Miller, Jan. 08, 2014